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ECHR Flashcards

1
Q

Article 3 ECHR

A

Right to freedom from torture

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2
Q

Article 4 ECHR

A

Right to freedom from slavery

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3
Q

Article 5 ECHR

A

Right to personal liberty

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4
Q

Article 6 ECHR

A

Right to a fair trial

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5
Q

Article 7 ECHR

A

Right to freedom from retrospective punishment

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6
Q

Article 8 ECHR

A

Right to private and family life

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7
Q

Article 9 ECHR

A

Right to freedom of thought, conscience and religion

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8
Q

Article 10 ECHR

A

Right to freedom of expression

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9
Q

Article 11 ECHR

A

Right to freedom of assembly

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10
Q

Article 12 ECHR

A

Right to marry

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11
Q

Article 13 ECHR

A

Right to an effective remedy

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12
Q

Article 14 ECHR

A

Right to freedom from discrimination

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13
Q

Is Article 2 limited, qualified or absolute?

A

Limited

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14
Q

Is Article 3 limited, qualified or absolute?

A

Absolute

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15
Q
A
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16
Q

Is Article 4 limited, qualified or absolute?

A

Limited

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17
Q

Is Article 5 limited, qualified or absolute?

A

Limited

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18
Q

Is Article 6 limited, qualified or absolute?

A

Limited

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19
Q

Is Article 7 limited, qualified or absolute?

A

Absolute

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20
Q

Is Article 8 limited, qualified or absolute?

21
Q

Is Article 9 limited, qualified or absolute?

A

Qualified*

22
Q

Is Article 10 limited, qualified or absolute?

23
Q

Is Article 11 limited, qualified or absolute?

24
Q

Is Article 12 limited, qualified or absolute?

25
Is Article 13 limited, qualified or absolute?
Absolute
26
Is Article 14 limited, qualified or absolute?
Absolute
27
Which Article of the ECHR does Golder v UK relate to?
Article 6 - Right to a fair hearing
28
Which Article of the ECHR does Handyside v UK relate to?
Article 10 - Right to freedom from expression
29
Which Article of the ECHR does Pretty v UK relate to?
Article 8 - Right to private and family life
30
How are judges appointed to the European Court of Human Rights? 3 steps...
1) Elected by Parliamentary Assembly of Council of Europe 2) Each of 46 National govts nominates 3 domestic judges 3) Sub-Committee of Parliamentary Assembly chooses one
31
Proportionality
Balancing the general interests of the community with protecting individual rights.
32
Margin of appreciation
A form of legal discretion recognising that a state can be presumed to be best qualified to appreciate issues facing its own jurisdiction.
33
What value is enshrined in a wide margin of appreciation?
Respecting and upholding domestic states' sovereignty
34
What value is enshrined in a narrow margin of appreciation?
Prioritisation of rights protections according to the Strasbourg interpretation.
35
What was created following the Brighton Declaration 2012?
Protocol 15
36
What is Protocol 15?
Added to the preamble of the ECHR in 2012 following the Brighton Declaration + codifies the principle of subsidiarity and margin of appreciation.
37
Which Article of the ECHR did Chahal v UK concern?
Article 3 - Right to freedom from torture (Absolute right)
38
What was the result in Chahal v UK?
Having considered the context of India's treatment of Sikh separationist movement and its history of torture, and the nature of Article 3 being absolute, the court held the states' margin of appreciation should be construed narrowly.
39
Name a criticism of the margin of appreciation
Codifying the margin of appreciation in Protocol 15 was criticised for being political / preserving member states' consent to be bound by the ECHR, rather than to protect rights.
40
Which Article of the ECHR does the Rwanda Migration Partnership relate to?
Article 3 - Right to freedom from torture (absolute)
41
Define torture
Has a 'special stigma' and is defined as the 'deliberate and inhuman treatment causing very serious suffering'.
42
Define inhuman treatment
'Actual bodily injury or intense physical or mental suffering'.
43
Define degrading treatment
'Treatment that humiliates... an individual... diminishing their human dignity.'
44
What is a Rule 39 interim measure?
An urgent measure (comparable to an injunction) applies by the European Court of Human Rights, ONLY where an imminent risk of irreversible harm contrary to Article 3.
45
AP and others v France established... (3 factors)
1) The need to demonstrate an 'irreversible' change of appearance violated Article 8. 2) No violation of Article 8 re requirement to demonstrate a gender identity disorder. 3) No violation of Article 8 re requirement to undergo an intimate medical examination
46
What procedure did the Police, Crime, Sentencing and Courts Act 2022 use to change the meaning of 'serious disruption'?
Affirmative resolution procedure
47
What is the constitutional issue raised by the Public Order Act 2023?
UK Government's use of a Statutory Instrument to change the meaning of 'serious disruption' to introduce a change that was already rejected by Parliament.
48
Relevance of Henry VIII powers to the Police, Crime, Sentencing and Courts Act 2022?
Amends s.14 of the 1986 Public Order Act, but adds in a Henry VIII powers allowing the Secretary of State to amend the Public Order Act itself.

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